Sacramento, California Estate Planning Attorneys
We’ve helped over 10,000 clients find peace of mind, and we can help you, too!
Do you need to create or update an estate plan? At the Law Offices of Daniel A. Hunt, we’re serious about providing a superior, client-centered experience at a competitive price.
The firm is led by Daniel A. Hunt, Managing Partner and a State Bar of California Certified Legal Specialist in Estate Planning, Trust & Probate Law. A graduate of McGeorge School of Law, Daniel has served as President of the Probate and Estates Section of the Sacramento County Bar Association and as court-appointed counsel for the Sacramento County Probate Court.
At The Law Offices of Daniel A. Hunt, we offer our clients personalized, comprehensive estate planning. We focus our law practice primarily on probate and estate planning matters. Our experienced staff is skilled in handling the most basic estate planning as well as incredibly complex estate planning issues. Our estate planning attorneys work closely with clients to prepare wills, trusts, and any other legal documents that are necessary to carry out the goals of our clients.
As busy Americans, it is easy to put off planning for the future. Many Americans lack a will or any other kind of estate plan. When a California resident passes away without a will, the state probate courts determine who will receive the deceased’s assets. Estate plans allow Californians to direct the distribution of their estate according to their goals.
Making an estate plan can help the family of a loved one who has passed away. Comprehensive California estate plans make it easy for loved ones to access necessary accounts and information. Estate plans also honor the wishes of the deceased. The skilled Sacramento estate planning attorneys at The Law Offices of Daniel A. Hunt can help you set up a comprehensive estate plan. We tailor our clients’ estate plans to their individual needs. Contact our Sacramento law office today to schedule your initial consultation.
How Do You Choose the Right Trustee or Executor?
Picking someone to manage your estate isn’t just about trust; it’s about choosing a capable person. A trustee or executor will need to follow California’s laws, meet all deadlines, manage the estate or trust’s assets, and keep your family informed while they are mourning.
They will have to navigate probate laws or trust administration, depending on the content of your estate plan. Don’t worry, you don’t have to choose a lawyer or specialist to manage your estate, but they should be organized, level-headed, and willing to ask for help when needed.
Executor Duties
An executor is the person named in a will to carry out the wishes of the deceased. Their job starts after death and continues until the estate is fully settled. In California, that usually means guiding the estate through probate.
Key responsibilities include:
- Filing the will with the probate court
- Notifying beneficiaries and creditors
- Locating and valuing assets
- Paying debts and taxes
- Distributing what remains to heirs
Trustee Duties
A trustee is responsible for managing the assets in a trust according to its terms. Their role begins as soon as the trust is created and continues after the trust creator passes away.
Typical duties include:
- Managing and safeguarding trust assets
- Notifying beneficiaries
- Paying valid debts and expenses
- Distributing assets as outlined in the trust
- Keeping records and providing updates when required
While a trustee and an executor may have similar duties, they are very different officials. Are you unsure who you should choose to take care of your affairs after you are gone? Call the Law Offices of Daniel A. Hunt for a free consultation. Let’s get started on your plan.
Sacramento: 916-545-6854
Roseville: 916-633-7709
Folsom: 916-957-3803
Why Should Californians Create an Estate Plan?
Taking the time to engage in thorough estate planning is extremely beneficial. Creating a well-thought-out estate plan can help you:
- Define your wishes regarding end-of-life treatment or other critical medical decisions
- Care for a spouse, significant other, or domestic partner after your death
- Reduce or, in some cases, eliminate expensive probate-related costs
- Minimize estate taxes, allowing more assets to pass to surviving family members
- Disperse property per your wishes
- Provide for a special needs child, the needs of an elderly parent, or another beneficiary who would benefit from a trust structured to meet their needs for life
California Wills Lawyers
For thousands of years, people have created some form of a Last Will and Testament to direct the distribution of their assets after death. Executing a will can be a relatively simple process. However, the testator who is creating the will must do so in compliance with California law (Probate Code § 6110). California only recognizes written wills as valid. The will can be typed or handwritten. Testators cannot simply scratch out parts of their will or add new sections by hand, as doing so may expose the will to challenges.
If you would like to create a will, one of the attorneys at The Law Offices of Daniel A. Hunt can help you. We can also help you create a valid codicil (addition) to your will or help you revoke your old will and create a new one if necessary.
The testator must be at least 18 years old and of sound mind when they sign and date the will. At least two people must witness the testator sign the will and must sign themselves. Witnesses must sign an affidavit stating that the testator had the mental capacity to create the will. Finally, a will must designate one or more beneficiaries who will receive the assets of the estate.
If you are concerned that your current will is not legally valid in the state of California, we can help. Contact our law office today to schedule an initial appointment. One of our estate planning attorneys can discuss any legal issues with your will and advise you on how to proceed.
California Trust Attorneys
Trusts are legal entities that own and transfer property. Trusts are useful estate planning tools. For most California homeowners, a revocable living trust offers numerous benefits, including avoiding California probate upon your death. Trusts can shield assets from tax liability. Trusts also allow for the smooth and automatic transfer of ownership of assets at the death of the trust creator or grantor. Our clients often enjoy the privacy that a trust provides.
At The Law Offices of Daniel A. Hunt, we help many clients create trusts to transfer their assets to beneficiaries smoothly. One of the best aspects of using trusts in estate planning is that we can easily tailor your trust to meet your specific needs and goals.
HIPAA Authorizations and Advance Healthcare Directive Sacramento Attorneys
In addition to creating wills and trusts, we also help our clients make Advance Healthcare Directives (AD). An AD designates an agent to make decisions on your behalf should you become incapacitated and unable to make critical end-of-life and other healthcare decisions. In addition to appointing a healthcare agent, creators of AD can give instructions about their wishes and goals in the event of incapacitation. Many clients include the types of treatments they would like to help keep them alive.
An AD also specifies whether you would like to receive life support in the case of a coma. More generally, this document allows you to define what having a good quality of life means for you. Every AD should include a HIPAA waiver that allows medical caretakers to discuss your treatment and condition with your authorized agents.
Powers Of Attorney For Personal and Financial Affairs
Durable Powers of Attorney are legal forms often used in estate planning. A Durable Power of Attorney ensures that an appointed agent can make financial decisions on your behalf if you become incapacitated. Our estate planning attorneys help our clients create tailored Durable Power of Attorney documents.
Contact Our Law Firm to Discuss Your Estate Plan
Taking the time to create a comprehensive estate plan is critical for everyone. At The Law Offices of Daniel A. Hunt, we have helped many clients and their families develop effective and personalized estate plans. Whether you already have an estate plan that you would like to update or you would like to create your first estate plan, we can help. Contact our law office today to schedule your initial consultation with our Sacramento, Folsom, or Roseville offices. We offer in-person, virtual, and telephone appointments for your convenience.
How Much Does an Estate Plan Cost?
Our estate planning prices are flat-rate fees:
- Trust-based estate planning package: starts at $2,500 for a single person and $3,000 for a married couple. It typically includes a revocable living trust, pour-over will, durable power of attorney, advance healthcare directive, certification of trust, and one trust transfer deed.
- Will-based estate planning package: starts at $1,250 for a single person and $1,500 for a married couple. It includes a last will and testament, durable power of attorney, and advance healthcare directive.
- Stand-alone documents: a last will and testament starts at $800, and an advance healthcare directive or durable power of attorney starts at $200 each.
- Trust changes: a simple amendment starts at $400 and a full restatement starts at $1,200.
Your initial consultation is no-cost. See our pricing page for other services, or contact us for a quote tailored to your needs.
How Long Does the Probate Process Take in California?
The probate process in California is not something that you’ll get through overnight. Even straightforward estates can take several months to wrap up, while more complex cases may stretch well past a year. On average, probate takes anywhere from 9 to 18 months from start to finish. Of course, certain factors, such as the size of the estate, validity of the will, and possible disputes, can affect the timeline.
Probate often takes a long time because everything has to pass through the court. This includes validating the will, notifying creditors, collecting and valuing assets, paying debts and taxes, and eventually distributing the remainder of the assets to the heirs. If any part of this process breaks down, it can drag the process out significantly.
What Does Probate Cost in California?
California sets probate compensation by statute. Under Probate Code § 10810, the attorney for the personal representative is paid a percentage of the estate’s appraised value, and § 10800 entitles the personal representative to the same schedule:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
- 0.5% of the next $15,000,000
These percentages apply to the appraised value of the estate’s property, without reference to mortgages or other debts. For an estate appraised at $1,000,000, the statutory fee is $23,000 for the attorney and up to another $23,000 for the personal representative, or as much as $46,000 before court filing fees and other costs.
Which California Estates Can Avoid Full Probate?
For deaths on or after April 1, 2025, California’s simplified procedures cover:
- An estate whose California property is worth $208,850 or less, not counting assets such as those held in a trust or in joint tenancy. It can be collected by affidavit 40 days after death, with no probate case (Probate Code § 13100).
- A primary residence in California with a gross value of $750,000 or less. It can pass by court petition 40 days after death, without a full probate (Probate Code § 13151).
The Judicial Council adjusts these amounts every three years. Estates above these limits generally go through full probate unless the assets are held in a trust or pass another way, such as by beneficiary designation or joint ownership.
What Role Does Tax Planning Play in Estate Planning?
A solid estate plan doesn’t just decide where your assets go; it also works to preserve their value along the way, maximizing how much your family benefits from your planning. That’s where advanced tax planning comes in. For many Californians, especially those with real estate, retirement accounts, or other business interests, minimizing tax exposure is just as important as choosing beneficiaries. Our estate planning attorneys help clients develop strategies that limit estate taxes and protect more wealth for future generations.
California has no state estate tax or inheritance tax, so the federal estate tax is the one most families plan around. For deaths in 2026, the federal basic exclusion amount is $15,000,000 per person, and the annual gift tax exclusion is $19,000 per recipient, according to the IRS.
Depending on your needs, your customized estate plan might include a family trust, charitable remainder trust, or other specialized tools aimed at long-term asset protection. Some clients benefit from gift tax planning or forming a family LLC. Others use irrevocable trusts to remove certain assets from their taxable estate entirely. Every case is different, which is why our law office focuses on personal, tailored solutions that align with your specific goals.
Why Do So Many People Delay Estate Planning?
Most people know how important it is to get their affairs in order. Estate planning is frequently postponed, with excuses or seemingly more pressing matters always taking precedence. Life gets busy, especially when you’re raising a family, adjusting to that new job, or managing your own business. Some feel they’re too young. Others assume they don’t have enough valuables to worry about. And of course, some just don’t know where to start.
Time doesn’t wait. Without a plan, your loved ones will be the ones left to deal with the fallout.
Putting off estate planning can result in the following, and more:
- The wrong person being put in charge of your estate or healthcare decisions
- The probate process could take years to complete and completely drain resources
- A surviving spouse or minor children may be left with legal and financial difficulties
- Disputes can arise between family members over unclear or conflicting wishes
- Business interests or intellectual property could be mismanaged or even lost
- Tax issues could reduce what is passed down to your family
- State law, not you, will decide how your estate is managed
- Personal and sensitive matters become part of public record in probate court
- A well-intentioned but outdated will might not hold up under the ever-changing California laws
The truth is, estate planning is important, and not just for the wealthy. Whether you own a home, have a retirement account, or have worked hard to build something of value, creating a living trust or family trust can make all the difference.
Why Does the Right Estate Planning Attorney Make All the Difference?
Estate planning isn’t just filling out some paperwork. It’s about protecting your family and making sure your wishes are carried out. The right estate planning lawyer understands the process, avoids expensive delays, and knows how to get your assets to your heirs or beneficiaries smoothly. With extensive knowledge in tax law, business planning, and California probate law, our team brings real solutions to the table. Whether you’re just getting started or updating key estate planning documents, working with an attorney who offers personalized service and a clear plan makes all the difference.
The Law Offices of Daniel A. Hunt is ready to help you plan your estate, protect your assets, and ensure as much of your wealth is passed to your family as possible.
What Legal Matters in Estate Planning Does the Law Offices of Daniel A. Hunt Help With?
Estate Planning includes trusts, wills, financial & medical powers of attorney, and more.
We represent both trustees and beneficiaries in trust and estate litigation matters, including will and trust contests, contesting fiduciary accountings, and more.
We assist with California probates when a person dies without a will, with only a will, or with assets left outside of a trust.
When a settlor passes away, we coach trustees step-by-step through the trust administration.
When a minor with a developmental disability turns 18, we help seek a court-ordered conservatorship.
We help navigate real estate transactions.
We provide legal representation for litigated real estate matters.
Frequently Asked Questions
What is estate planning and why is it important in California?
Estate planning is the process of creating legally binding documents that direct how your assets will be managed during your lifetime if you become incapacitated, and how they will be distributed after your death. In California, a comprehensive estate plan typically includes a revocable living trust, a pour-over will, and financial powers of attorney, an advance healthcare directive, and beneficiary designations. Without an estate plan, California’s intestate succession laws determine who receives your property, the probate court becomes involved, and your family may face months or years of legal proceedings and significant costs.
Who needs an estate plan in California?
Every California adult benefits from an estate plan — not just the wealthy. If you own a home, have a retirement account, have minor children, run a business, or simply want to choose who receives your assets and who makes decisions on your behalf if you become incapacitated, you need an estate plan. Young adults without an estate plan leave critical medical and financial decisions to the courts in the event of an emergency. Estate planning is especially important for parents of minor children, blended families, business owners, and anyone with real estate or significant retirement savings.
What documents are included in a California estate plan?
A comprehensive California estate plan typically includes: (1) A revocable living trust to hold and transfer assets without probate; (2) A pour-over will to capture any assets not transferred into the trust; (3) A durable financial power of attorney authorizing an agent to manage finances if you become incapacitated; (4) An advance healthcare directive naming a healthcare agent and specifying your medical wishes; (5) A HIPAA authorization allowing your agents to access your medical records; and (6) Updated beneficiary designations on life insurance and retirement accounts. Some plans also include incapacity planning documents, prenuptial agreements, or business succession planning.
How do you choose the right executor or trustee in California?
Choosing the right executor (for your will) or trustee (for your trust) is one of the most important estate planning decisions you will make. The ideal candidate is trustworthy, financially competent, organized, and willing to serve. An executor manages the probate process after your death, including filing the will with the court, notifying beneficiaries and creditors, valuing assets, paying debts and taxes, and distributing the estate. A trustee manages the assets in your trust — both during your lifetime if needed and after your death. You are not required to name an attorney or professional, but the person should be level-headed and willing to seek legal guidance when needed.
What role does tax planning play in California estate planning?
Tax planning is a critical component of California estate planning for families with significant assets. Strategies may include establishing an irrevocable trust to remove assets from the taxable estate, using annual gift exclusions to transfer wealth during your lifetime, creating a charitable remainder trust to generate income while reducing estate taxes, forming a family LLC to manage business or investment assets, or implementing a generation-skipping trust to pass wealth directly to grandchildren. California has no separate state estate tax, but large estates may be subject to the federal estate tax. An experienced estate planning attorney can identify the strategies best suited to your financial situation.
How often should I update my California estate plan?
You should review your estate plan after any major life event, including: marriage, divorce, or the death of a spouse; the birth or adoption of a child or grandchild; significant changes in your assets or financial situation; moving to or from California; the death or incapacity of a named trustee, executor, or agent; changes in tax law; or when a beneficiary’s circumstances change (such as a disability or financial difficulty). At a minimum, estate planning attorneys recommend reviewing your plan every 3–5 years to ensure it still reflects your wishes and complies with current California law.
How long does the California probate process take without an estate plan?
Without an estate plan — or with only a will and no revocable living trust — your estate will likely go through California probate court. A straightforward California probate typically takes 9 to 18 months. Estates with contested wills, creditor disputes, out-of-state property, or complex assets can take 2 years or more. During this time, your family cannot access estate assets, court records become public, and attorney and court fees based on California’s statutory fee schedule can exceed tens of thousands of dollars. A properly funded revocable living trust avoids probate entirely.
How can the Law Offices of Daniel A. Hunt help with estate planning in Sacramento?
The Law Offices of Daniel A. Hunt has helped more than 10,000 California clients create comprehensive, personalized estate plans. Founding attorney Daniel A. Hunt is a California State Bar Certified Legal Specialist in Estate Planning, Trust & Probate Law. The firm assists clients with revocable living trusts, wills, powers of attorney, advance healthcare directives, business succession planning, and trust administration. Offices are located in Sacramento, Folsom, and Roseville, with no-cost consultations available in-person, virtually, and by phone. Call 916-488-9788 to get started.